Judges have some discretion in most sentencing decisions in every state. This discretion allows judges to impose more lenient sentences or more severe penalties when they believe circumstances warrant it. Yet legislatures often try to limit that discretion by imposing mandatory sentences, or mandatory minimums. Lawmakers also sometimes seek to limit post-conviction procedures that can reduce penalties imposed by courts.
The Oklahoma Department of Corrections has discretion over how much time is actually served before a felon is eligible for parole. The Oklahoma legislature has limited that discretion when it enacted the 85% crime rule for certain violent crimes in Oklahoma.
Under the 85% crime rule, a convicted defendant must serve at least 85% of their sentence before becoming eligible for parole. These people may not be eligible for earned credits or any other type of credit which could reduce the sentence length to less than 85% of the sentence imposed. Okla. Stat. Tit. 21, §13.1.
The 85% Crime Rule Applies to These Crimes
The 85% rule applies to the following crimes in Oklahoma:
- First or second-degree murder;
- First-degree manslaughter;
- Poisoning with intent to kill;
- Shooting with intent to kill, or using a vehicle to facilitate the use of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm;
- Assault with intent to kill;
- Conjoint robbery;
- Robbery with a dangerous weapon;
- First-degree robbery;
- First-degree rape;
- First-degree arson;
- First-degree burglary;
- Bombing;
- Any crime against a child committed under criminal code Section 843.5;
- Forcible sodomy;
- Child pornography or aggravated child pornography;
- Child prostitution:
- Lewd molestation of a child:
- Abuse of a vulnerable adult;
- Aggravated trafficking:
- Aggravated assault and battery upon a person who is defending another person from assault and battery; or
- Human trafficking.
Other crimes that impose an 85% rule are:
- Transporting illegal drugs with the Intent to Distribute;
- A second or subsequent conviction of Manufacturing a Controlled Dangerous Substance requires 85% of a sentence to be served on a second or subsequent offense as provided in Title 63 Section 2-401F;
- Financial Exploitation, Abuse, or Neglect by a Caretaker, Title 21 Section 843.1
Defenses Are Important in 85% Crime Rule Cases
When you are charged with an 85% Rule offense in Oklahoma, it is important that you and your attorney work together to ensure a vigorous defense. These are not cases that you want to handle on your own.
Small facts can mean a lot when preparing a strong defense. Work with an experienced Okmulgee criminal defense attorney and remember to never speak to the police without having your attorney present.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with an Okmulgee criminal defense lawyer, call our office at (918) 756-9600 now for a initial consultation with Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will promptly return your message.
